Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 90158237

Filing Date: 09/03/2020

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The mark consists of a three-dimensional configuration of a spout and press paddle of a water cooler.
The applicant, BHRS Group, LLC, a limited liability company legally organized under the laws of New Jersey, having an address of
      585 Prospect Street, Suite 301B
      Lakewood, New Jersey 08701
      United States
      XXXX

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 011:  Water coolers

In International Class 011, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 07/21/2015, and first used in commerce at least as early as 07/21/2015, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Image of the mark affixed to the goods.
Specimen File1



SECTION 2(f) Claim of Acquired Distinctiveness, BASED ON EVIDENCE
The mark has become distinctive of the goods/services, as demonstrated by the attached evidence.
   The applicant submits the following evidence to support the §2(f) claim:

Original PDF file:
e2f-72938463-175546185_._ 3_Evidence_of_acquired_di stinctiveness_under_2_f__ w_Exhibits.pdf
Converted PDF file(s) (21 pages)
2(f) evidence-1
2(f) evidence-2
2(f) evidence-3
2(f) evidence-4
2(f) evidence-5
2(f) evidence-6
2(f) evidence-7
2(f) evidence-8
2(f) evidence-9
2(f) evidence-10
2(f) evidence-11
2(f) evidence-12
2(f) evidence-13
2(f) evidence-14
2(f) evidence-15
2(f) evidence-16
2(f) evidence-17
2(f) evidence-18
2(f) evidence-19
2(f) evidence-20
2(f) evidence-21

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: Sarah I. Cohen. Other appointed attorneys are Darren M. Geliebter, G. Mathew Lombard, Eric J. Huang. Sarah I. Cohen of Lombard & Geliebter LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      230 Park Avenue, 4th Floor West
      New York, New York 10169
      United States
      212-520-1172(phone)
      646-349-5567(fax)
      scohen@lombardip.com
The docket/reference number is 438-102.1.
Sarah I. Cohen submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Sarah I. Cohen

PRIMARY EMAIL FOR CORRESPONDENCE: scohen@lombardip.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dgeliebter@lgtrademark.com; ipdocket@lombardip.com; USPTO@dockettrak.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Jonathan rubin/   Date: 09/03/2020
Signatory's Name: Jonathan Rubin
Signatory's Position: CEO and Chairman
Payment Sale Number: 90158237
Payment Accounting Date: 09/03/2020

Serial Number: 90158237
Internet Transmission Date: Thu Sep 03 21:07:16 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202009032107165602
10-90158237-750bde3c8a46e337627594f16386
b96684937a9e1021b7761ee39bd2b72c5df2e-DA
-07152322-20200903201828211165